Attachment_A_SP0600-15-R-0223.pdf

SP0600-15-R-0223

ATTACHMENT A

TABLE OF CONTENTS

INDEX

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

• B1.04-1 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DLA ENERGY JUNE 2013)

• DLAD 52.216-9070 ECONOMIC PRICE ADJUSTMENT – DAILY MARKET PRICE INDICATORS (SHIPS’ BUNKERS) (JUL

2010)

• DLAD 52.216-9075 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE INDICATORS - SHIPS' BUNKERS (NOV 2011)

• B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

• C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (BUNKERS) (DLA ENERGY AUG 2014)

• C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY APR 2015)

SECTION E: INSPECTION AND ACCEPTANCE

• FAR 52.246-2 -- Inspection of Supplies -- Fixed-Price (Aug. 1996)

• ENERGY QAP E1.21 CONTRACTOR INSPECTION RESPONSIBILITIES (JET A/A-1) (BULK/PC&S) (DLA ENERGY FEB

2014)

• E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

• ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)

• E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

SECTION F: DELIVERIES OR PERFORMANCE

• F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA

ENERGY JAN 2012)

• F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)

• F3.01 TRANSPORT TRUCK, TRUCK AND TRAILER AND/OR TANK WAGON FREE TIME AND DETENTIONRATES

(BUNKERS) (DLA ENERGY JAN 2012)

• F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

SECTION G: CONTRACT ADMINISTRATION DATA

• FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

• G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)

• FAR 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management.

• DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

SECTION H:

• SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES/PROVISIONS

• FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

• FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

• FAR 52.212-2 EVALUATION –COMMERCIAL ITEMS (OCT 2014)

• FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (DEC 2014)

• FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (MAR 2015)

• DFARS 252.212-7001 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS. (DEC 2012)

SECTION L: INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS OR QUOTERS

• FAR 52.215-1 -- INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION. (JAN 2004)

• FAR 52.215-9023 Reverse Auction (OCT 2013)

• L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF PRODUCT (PC&S)

(DLA ENERGY JAN 2012)

• L2.11-3 FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999)

• L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

• L54 SITE VISIT (DLA ENERGY OCT 1992)

SECTION M: EVALUATION FACTORS FOR AWARD

• M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

• M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

SECTION K: REPRESENTATION AND CERTIFICATIONS

• K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

• DFARS 252.225-7020 Trade Agreements Certificate.

SECTION B

SUPPLIES OR SERVICES AND PRICE/ COST

B1.04-1 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DLA ENERGY JUNE 2013)

(a) SHIPS' BUNKERS. Unless otherwise stated, the supplies shall be furnished f.o.b. destination as ships' bunkers into various types and sizes of U.S. military and federal civilian vessels for immediate consumption by the vessel. Unit prices are for product delivered inclusive of all delivery charges. Depending on the delivery conveyance's size, quantities ordered and delivered by truck or barge (as contracted) may require utilization of more than one truck or barge or return trips to fulfill the ordered fuel quantity.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in paragraph (i).

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as

"estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein. Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the

Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. In addition, if a Government facility is located near the bunkering location, the Government shall only order from the Contractor the Government’s fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the

Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to by purchased by the

Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specific method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity or an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(5) The Government agrees to order and the Contractor shall, if ordered, deliver during the contract period, at the unit prices hereunder, adjusted in accordance with the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE INDICATORS (SHIPS’ BUNKERS) clause or the ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG MARKET PRICE – OTHER THAN PUBLICATION

(SHIPS’ BUNKERS) contract provision of the contract (if applicable), the total actual requirements for the product(s) at the location(s) listed.

(6) Domestic requirements for ships' bunkers shall include all of the U.S. (including commonwealths and the District of

Columbia), its territories, and possessions. Overseas requirements are those outside of the above. Domestic and overseas requirements are classified into separate Purchase Programs (PPs):

Overseas:

PP 1.6W Estonia/Ukraine

PP 1.6L Romania

(c) LINE ITEM SUPPLY SCHEDULE.

OVERSEAS

9140-01-313-7776 COMMERCIAL MARINE GAS OIL (MGO) C16.23-2

9130-00-753-5026 TURBINE FUEL, AVIATION (JET A1) C16.09

NOTE: Delivery of a single order may require multiple vehicles or trips.

The acronym TK means tanker, B means barge, TT or RTW means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline (ex-pipe/ex-wharf), and MSS means Marine Service Station.

(LENGTH OF PERIOD)

SUPPLY, BUNKER LOCATION, ESTIMATED QUANTITY UNIT PRICE PER

ITEM AND METHOD OF DELIVERY (UNIT OF MEASURE) (UNIT OF MEASURE)

SEE ATTACHMENT A

(d) DELIVERY MODE SPECIFICS. See also the BUNKERING PROVISIONS contract provision.

(1) PIPELINES. For all line items above that require pipeline (ex-pipe at pier or wharf) as the method of delivery, the exact location of the Contractor’s pipeline shall be listed below. NOTE: Access to the pipeline pier must be able to provide for vessels at least 90 feet in height. Specific obstacles such as bridges, jetties, locks, etc., must be advised below to include low and high tide and time.

Pumping rates per delivery conveyance shall be as stated in BUNKERING PROVISIONS unless stated differently in the above

Schedule.

SPECIFIC PIPELINE MAXIMUM DRAFT &

ITEM DELIVERY LOCATION MEAN LOW TIDE/TIME OBSTACLES?

(2) TRUCKS. For all items above that require tank wagon, transport truck, and/or truck and trailer as the method of delivery, offerors must specify the capacity and pumping rate of the truck(s).

ITEM TRUCK CAPACITY TRUCK PUMPING RATE

(3) BARGE. Barge deliveries shall be required at pier-side and/or anchorage (inner and outer harbor). Pumping rates per delivery conveyance shall be as stated in BUNKERING PROVISIONS unless stated differently in the above Schedule.

(e) TAXES. Unless the contract provides otherwise, the contract price must include all applicable taxes and, for overseas items, duties. The offeror shall list below the specific name and amount of the taxes included in the price. If, when permitted by the contract, taxes are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these taxes below. These taxes shall apply when the U.S. Government does not have an exemption. See the FEDERAL AND STATE TAXES/FEES contract provision and/or the TAXES - FOREIGN FIXED-PRICE CONTRACTS contract provision.

(X THE APPLICABLE COLUMN)

APPLICABLE TAX NAME INCLUDED IN TO BE INVOICED

ITEM AND AMOUNT PER UNIT UNIT PRICE SEPARATELY

NOTE: Please advise, per item, if offered product will have low or high sulfur content and/or if dyed or undyed, if not part of the current Schedule. Special note for overseas distillate items: if fuel is dyed per in-country mandated requirements, please so advise with specifics on the dye and its effect on fuel specifications.

(f) LOCATION OF FACILITY (IES).

(1) Each Fuel Terminal, Transportation Type and Source, and Location of the Testing Facility are required for possible assignment, at origin, of Government Quality Assurance (inspection) Actions. Primary and alternates are requested. Government Quality

Assurance inspections at origin, if applicable, shall be assigned in (3) below. The following columns shall be completed by the offeror: The facilities identified below by the offeror shall be used for the life of the contract.

(For barge and truck deliveries) TESTING FACILITY (IES)

TERMINAL NAME(S) AND TRANSPORTATION SOURCE(S) NAME(S) & FULL

ITEM(S) FULL PHYSICAL ADDRESS(ES) NAME(S) & FULL PHYSICAL ADDRESS(ES) PHYSICAL ADDRESS(ES)

SEE ATTACHMENT B

NOTE: ALL OFFERS MUST BE ACCOMPANIED BY A “TYPICAL” SPEC SHEET SHOWING ALL THE TEST RESULTS

REQUIRED BY THE DLA ENERGY MGO SPECIFICATION CLAUSE. Please annotate the item number(s) on the specification sheet that pertains to it.

ALL OFFERS MUST BE ACCOMPANIED BY SUPPLIER COMMITMENT LETTERS FOR EVERY LINE ITEM BID ON. Please annotate the item number(s) on each commitment letter that pertains to it.

(2) Quality Representative (QR) includes the terms Quality Assurance Representative (QAR) and Quality Surveillance

Representative (QSR). The QAR is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing petroleum products and services. The QSR is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing services.

(3) The following may be completed by the Government at time of award. Government Source Inspection is required for items listed below:

(g) DELIVERY ORDERS.

(1) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities defined as an Ordering Officer. Any U.S. military and Federal civilian agency vessel may utilize this contract. An

Ordering Officer means whichever of the following (or their designated representatives) is applicable: (1) the Director, Defense Logistics

Agency Energy; (2), the Commander, U.S. Army Petroleum Center; (3) the Commanding Officer, U.S. Naval Operational Logistics Support

Center; (4) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (5) the

Commanding Officer or the Master of the vessel to be bunkered; (6) any Government Contractor furnishing evidence of authority to order under this contract; (7) the head of any Federal Government agency; (8) the Contracting Officer; (9) the Navy Fleet Commanders; (10) the Defense

Attaché Officer; (11) the authorizing ship manager (Contractor) for the Maritime Administration and/or National Aeronautic and Space

Administration (NASA) who is ordering ships; bunkers on behalf of Maritime Administration and/or NASA vessels; (12) the ships’ husbanding agent, furnishing evidence of contractual authority, who passes the order (verbal or written) on behalf of the requesting Government vessel; (13)

Military Sealift Command Fuel Ordering Officers. All delivery orders are subject to the terms and conditions of this contract. In the event there is a conflict between a delivery order and this contract, the contract shall control.

(2) ORAL ORDERS. Bunker fuel orders may be issued orally or in writing. An oral delivery order may be considered issued by the Ordering Officer when it is verbally assigned a purchase order and/or delivery order number and the delivery specifics have been verbally communicated to the Contractor. A verbal delivery order number may also be the Date Time Group (DTG) number from the vessel's

Logistics Requirements (LOGREQ) Report issued to a Government shore activity or contracted husbanding agent. Contractors are encouraged to request evidence to substantiate a verbal delivery order. For military and U.S. Coast Guard vessels, a contracted husbanding agent or

Government shore activity may serve as liaison for the requesting vessel to be bunkered. The Government shore activity or contracted husbanding agent will pass the above-described oral order issued by the vessel, along with evidence of this order, to the Contractor in a timely manner and will coordinate the delivery of the fuel. The husbanding agent, not having authority to bind the Government, must clearly advise the

Contractor of its role in this arrangement and show valid evidence (DTG from LOGREQ copy of e-mail or LOGREQ from vessel to husbanding agent, etc.) of the order requirement initiated by the U.S. Government vessel.

(3) WRITTEN DELIVERY ORDERS. For all orders, the appropriate ordering office/officer will provide a signed, written order--

(i) A Department of Defense (DD) Form 1155 for DoD agencies;

(ii) An Optional Form (OF) 347 for all Federal/Civilian Agencies;

(iii) A Commerce Department (CD) Form 404 for the National Oceanic and Atmospheric Administration; or

(iv) An SF 1449 for all of the above--to the Contractor or its designee in place of or after issuing the above-described oral order. The written delivery order will be provided to the

Contractor, or its designee, prior to or at completion of delivery; however, Contractors are highly encouraged to request the written delivery order prior to completion of the delivery if not already received. The order form must, at a minimum, include the contract number, Contractor’s name and address, contract line item number, payment office, signature of the Ordering Officer, ships’ ordering and payment information, and quantity of fuel ordered. In the event a written delivery order is not provided after delivery, the Contractor shall promptly contact the DLA

ENERGY Contracting Officer for assistance. The ordering office's failure to issue written confirmation, or the Contractor's failure to receive written confirmation, does not relieve the Contractor from its obligation to perform in accordance with the oral order.

(4) SHIPS’ BUNKERS EASY ACQUISITION (SEA) CARD. The SEA Card Order Management System (SCOMS) is an

Internet-based operating system that automates ordering, receipt, delivery and invoicing for all bunkers contract transactions. Orders issued via

SCOMS satisfy the requirements for written delivery orders set forth above. The Contractor agrees to use the automated SCOMS system for all orders placed using SEA Card processes. In the event the Ordering Officer cannot access the web-based system to place an order, a verbal order will be placed with the SEACARD 24-hour Help Desk at 1-866-308-5475 The Help Desk will process the order to the Contractor and follow up with data input assistance before the close of the following business day. For orders not placed using SEA Card processes, the manual procedures outlined in paragraph (3) are authorized. Other than the SEA Card, credit cards of any type shall not be used to create a delivery order under this contract

(5) CANCELLATION OF ORDERS. Orders placed under this contract may be cancelled by an authorized Ordering

Officer within the following time period without incurring cancellation charges:

(i) Delivery into Government vessels (to include dredges and barges) by means of transport truck, truck and trailer, tank wagon, Marine Service Station, or pipeline. No less than 24 hours prior to the specific time such delivery is required to be made;

(ii) Deliveries by barge. No less than 48 hours prior to the specific time such delivery is required to be made; or

(iii) No less than the minimum delivery notice time as stated in the Schedule, if different from the above.

(h) DELIVERY ORDER LIMITATIONS.

(1) MINIMUM ORDER. When the Government requires supplies or services covered by this contract in an amount of less than the minimum quantity applicable to the method of delivery called for by the item(s) as specified in the Schedule, the Government shall not be obligated to purchase, nor the Contractor obligated to furnish, any supplies or services under this contract. Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the

Contractor from being competitively solicited under SCOMS for the open market purchase.

(2) MAXIMUM ORDER. The Contractor shall not be obligated to honor any order for a single item, or any series of orders from the same ordering office in the course of 30 days, that exceeds the limitations listed below:

(i) For items calling for delivery as ships' bunkers by barge or pipeline--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 500,000 USG/1,700 MT The total estimated quantity

500,000 to 2,500,000 USG/1,700 to 8,700 MT 500,000 USG/1,700 MT or 50% of the total estimated quantity, whichever is greater

More than 2,500,000 USG/8,700 MT 1,250,000 USG/4,350 MT or 25% of the total estimated quantity, whichever is greater

(ii) For items calling for delivery by truck--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 100,000 USG/350 MT The total estimated quantity

100,000 to 500,000 USG/350 - 1,700 MT 100,000 USG/350 MT or 50% of the total estimated quantity, whichever is greater

More than 500,000 USG/1,700 MT 250,000 USG/870 MT or 25% of the total estimated quantity, whichever is greater

Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the Contractor from being competitively solicited under SCOMS for the open market purchase.

(i) DELIVERY AND ORDERING PERIODS. The period during which the Government may order and the Contractor shall deliver, if ordered, will be as specified below unless the Schedule specifies otherwise.

(1) ORDERS: The ordering period begins: To Be Determined (TBD) and ends: To Be Determined (TBD).

(2) DELIVERIES: The delivery period begins: To Be Determined (TBD) and ends: To Be Determined (TBD).

(3) EXTENSION PROVISIONS. The Government reserves the right to unilaterally extend this contract on the same terms and conditions on a month-to-month basis one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor no later than 10 days prior to expiration of this contract or any extension thereof. However, nothing in this contract provision precludes the Contractor from agreeing to an extension of the contract if the Government fails to issue the notice within the 10-day time frame. Extension of this contract shall be considered to have been accomplished at the time the Government provides written notification to the Contractor via mail deposit or facsimile.

(4) FOR ALL ITEMS. Notwithstanding the foregoing paragraphs, if the Government requests and the Contractor agrees to honor an order outside the delivery limitations set forth above and/or the minimum advance delivery order notice, the order will be bound to the terms, conditions, and price(s) established in the contract. The Contractor shall honor any written or oral order(s) outside the delivery order limitations set forth above or agreed to by the parties within the contract, unless the Contractor rejects the order(s) by notifying the issuing office immediately upon its receipt, as prescribed below, but no later than 24 hours from the time of its issuance. If the order is issued on a weekend and/or holiday and it falls outside the delivery order limitations, the Contractor has until noon of the next business day to reject the order.

Contractor Notification: The Contractor's rejection notice must be given first verbally, by calling the ordering office, followed by a written notification, which should preferably be sent via facsimile. The Contractor's written notice of rejection must clearly state

(1) the intent not to deliver the ordered item(s) and (2) the reasons for rejection, and must be accompanied with the written order, if there is one.

Upon receipt of the Contractor's verbal notice of rejection, the Government may secure the supplies from another source. The Government is not required to order a part of any one requirement from the Contractor when such requirement falls outside the advance delivery order notice and/or delivery order limitations set forth in this contract provision or agreed to by the parties within the contract. For orders placed via

SCOMS, any rejection by the Contractor will be input into the system and will revert to a SEACARD open-market purchase.

(5) FOR ALL ORDERS. The Government must place orders during the Contractor's normal business operating hours for receipt of orders for a delivery to occur on a weekend and/or holiday. If an order for a delivery that is urgently required on a weekend and/or holiday cannot be placed during the Contractor's normal operating hours for receipt of orders, the Government shall first verbally contact the

Contractor for offer of said order. If the Contractor verbally elects to not accept said order, the Government shall document as such and the order will revert to an open market purchase.

(j) ORDERING POINT(S) OF CONTACT. Due to vessel missions, it is imperative that Contractor’s be reachable at all times for order placement and timely deliveries. To ensure prompt delivery of the supplies to be furnished for ships' bunker requirements, the

Contractor shall provide a primary and/or alternate point of contact for receipt of orders 24 hours a day, 7 days a week, for each item listed below. Complete telephone and facsimile numbers including country and/or area codes are requested. Alternative numbers, such as beepers, pagers, cell phones, etc., are also requested. The Contractor may, at its option, assign a Contractor designee at each delivery location as the point of contact, provided the designee agrees to act as the Contractor’s representative for this purpose. The following table shall be used for order placement for ships’ bunkers:

Normal Operating Hours

Item Contact Person Complete Complete and Days for

Number and Location Telephone Number Facsimile Number E-Mail Address Orders Deliveries

(k) OVERTIME. If delivery cannot be made during the Contractor’s normal operating hours, as set forth in paragraph (j) above, the Contractor shall continue with or initiate deliveries during other than normal operating hours as requested by the vessel's officer with

Ordering Officer authority or, in such instances, as authorized in writing by the Contracting Officer. The Contractor shall provide applicable overtime documents, showing date and time overtime commenced and concluded, to the Receiving Officer who shall certify that said charges have been incurred. In the event that overtime may apply for deliveries outside of the operating hours and days cited in paragraph (j) above, the

Contractor must advise of such time factors and the overtime rate per hour that shall apply per item.

(1) SEA Card Order Management System (SCOMS) Orders.

(i) Charges for overtime are deemed ancillary, non-fuel charges and are the responsibility of the activity incurring them.

In accordance with the SUBMISSION OF INVOICES FOR NON-FUEL CHARGES – LOCAL PURCHASE PAYMENT REQUIREMENTS

(FUEL CARD SERVICES) contract provision, the Contractor shall invoice these charges using SCOMS, upon approval by the activity, the

Credit Card Processor (CCP) will pay the Contractor and the CCP will then bill the receiving activity.

(ii) In the event the incurring activity disputes the charge(s), the Contractor may submit a claim to the Contracting

Officer. The Contractor may include the SCOMS processing fee as part of its claim which must be clearly identified and expressed as a whole number, not a percentage.

(2) Non-SCOMS Orders. The Government agrees to reimburse the Contractor for overtime payment costs associated with deliveries made outside the Contractor’s normal operating hours in accordance with the Schedule below. Notwithstanding the rates set forth below, the Government will not pay more than the actual rate charged by the common carrier or the rate the Contractor normally charges it’s regular commercial customer, whichever is lower.

(3) Overtime Rates.

Hours & Days Outside

Item Number of Normal Delivery Rate per hour

NOTE: U.S. Navy and some port regulations may prohibit deliveries from occurring at nighttime. Further, some vessels carrying ammunition or other cargoes considered hazardous may not be allowed to enter certain ports (pier-side) during specific hours or not at all, requiring deliveries at non-peak times and/or at anchorage, respectively.

(l) RECEIPTS.

(1) For SCOMS deliveries, all receipts for fuel will be entered into the SEACARD system. However, the Contractor must keep all records for a period of 6 years and 3 months after final payment in accordance with FAR 4.805.

(2) For non-SCOMS deliveries, upon completion of the fuel delivery, the Contractor, or the Contractor’s designee, shall prepare a commercial receipt. A commercial receipt is defined as a commercial bunker receipt, a commercial bill of lading, and/or delivery ticket for the exact type of fuel under contract. The Contractor shall then, and in the presence of the Government representative at the time of the delivery, clearly annotate on the commercial receipt, in English--

(i) The exact type of fuel delivered, which must match the contract item;

(ii) The date and time of the delivery commencement and completion;

(iii) The Government vessel’s name;

(iv) The delivered fuel temperature; and

(v) The net delivery quantity.

(3) FOR DOMESTIC DISTILLATE CONTRACTS ONLY. If the fuel was dyed in accordance with U.S. Government environmental and revenue requirements, this must also be cited on the commercial receipt.

(4) he receiving vessel’s representative shall certify the commercial receipt, acknowledging receipt and acceptance of the fuel type, net quantity, date of fuel receipt, and sign for fuel acceptance. A legible copy of the commercial receipt will be provided to the receiving vessel. It is imperative that the receipt be annotated for the same type of fuel under contract

(5) Alternatively, the receiving vessel’s representative may utilize the ordering document to certify receipt and acceptance of the fuel type and quantity when a commercial receipt is not available; provided there will be no recurring deliveries against that order.

Certification of acceptance is accomplished when the vessel’s representative (i) encircles the ordered quantity, (ii) annotates the received net quantity beneath the encircled quantity, and then (iii) dates and (iv) signs the receipt portion of the ordering document. WITHOUT

ALL FOUR OF THE AFOREMENTIONED PROVISIONS, THE ORDER DOCUMENT CANNOT BE USED FOR RECEIPT

CERTIFICATION. If available, the ships’ stamp shall be annotated on the order form.

(6) Whichever documentation is used, the Contractor or its representative shall ensure the vessel’s representative annotates the actual net quantity received utilizing the contracted unit of issue, i.e., U.S. gallons for domestic locations and metric tons for overseas locations. The vessel's representative shall return the certified receipt documentation to the Contractor or the Contractor’s designee, prior to departure. The vessel’s representative shall retain a copy for the vessel’s records.

(m) ADDITIONAL INFORMATION.

(1) Does your company have world wide web/internet access? [ ] Yes [ ] No

NOTE: For those companies with internet access, DLA ENERGY will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DLA ENERGY Home Page at http://www.DLA

Energy.dla.mil/main/doinbusi.htm.

(2) Does your company have a web site? [ ] Yes [ ] No

If yes, what is the web address? ________________________________________________

(3) Does your company have e-mail capability? [ ] Yes [ ] No.

If yes, what is your e-mail address? ______________________________________________

(4) May initial fuel orders be transmitted to this e-mail address? [ ] Yes [ ] No

Note: Order placement in this manner shall require immediate confirmation of receipt by the Contractor to the ordering activity.

(5) What is your company’s Dun and Bradstreet number? _______________________________

(n) NOTES FOR THE (RFP/CONTRACT).

DLAD 52.216-9070-ECONOMIC PRICE ADJUSTMENT – DAILY MARKET PRICE INDICATORS (SHIPS’ BUNKERS) (JUL

2010)

(a) Warranties: The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) Definitions: As used throughout this clause, the term--

(1) Award price means the original contract price.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the award price is to fluctuate.

(i) Base reference price means the market price indicator shown in the Table in (f) below and is the reference price from which economic price adjustments are calculated pursuant to this clause. This price will be expressed as Base Ref. Price in any price adjustment notification issued through contract modifications and/or postings to the web page under the heading

Vendor Resources and then Product Price Adjustments. The base reference date annotated in the Table shall remain unchanged throughout the life of the contract.

(ii) Adjusting reference price means the market price indicator in effect on the date of delivery, used to determine the change in reference price. In the event one or more applicable reference prices are not (or were not) published, then the term adjusting reference price means the market price indicator for an item as published on the date nearest in time on or prior to the effective calendar date as expressed in (4) below. It is annotated as New Ref. Price in any Price Adjustment

(PA) modification issued.

http://www.desc.dla.mil/main/doinbusi.htm http://www.desc.dla.mil/main/doinbusi.htm

(3) Current unit price means the price in effect for the day that the price adjustment provisions discussed in paragraph (c) below begin. This price, expressed as Latest Unit Price in any price adjustment notification issued through contract modifications and/or postings to the web page under the heading Vendor Resources and then Product Price Adjustments, shall be the unit price charged to the Government for supplies delivered under the contract.

(4) Date of delivery means the date and time product is received by the requesting activity/ vessel. This is shown by signature of receipt by the Government representative for the entire delivery. A single delivery that began on one date and ended on another date shall be considered as received on the date of completion annotated by the Government on the bunker delivery document. Excusable delays in delivery shall be handled on a case-by-case basis by the Contracting Officer.

(5) Calendar week means a consecutive seven-day period, beginning with Monday, unless otherwise specified in (c)(1) below.

(6) Published means issued in either print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail, unless otherwise specified in (c)(1) below.

(c) Adjustments: The prices payable under this contract shall be the award price increased or decreased by the amount that the reference price shall have increased or decreased as of the date of delivery. The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(1) Day of publication: The adjusting reference price in effect on the date of delivery shall be that item's reference price effective (and normally published) on the date in which the delivery is made, or, in the event there is no publication on that day, it shall be the item's reference price as last previously published prior to that date.

Note: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (http://www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. will correct any other reference prices, as notice of the correction is received. will work with the pricing services to determine the appropriate price, whenever an offeror or Contractor can show that the price referenced should be reviewed.

(2) Calculations:

(i) If averages are published within a given publication, then these averages will be used.

(ii) For prices in U.S. gallons, if averages are not available within a given publication, calculated averages, carried to six decimal places, rounded, will be used. For prices in metric tons, if averages are not available within a given publication, calculated averages, carried to two decimal places, rounded, will be used. For domestic contract line items, conversions from metric tons to gallons shall be utilized through the conversion factors clause for the applicable publication reference product. Barrels shall be converted using the conversion factors instruction for barrels to gallons. If this clause requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the Conversion Factor Instruction, apply unless otherwise specified in the Schedule in the Table (f) below. Details on the specific products covered and the method of conversion can be found in Instruction M55 ( MAR 2007), which is included in solicitations and resulting contracts when conversion factors are required.

(iii) For domestic contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including six decimal places, rounded. For overseas contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including two decimal places, rounded.

(iv) For domestic contract line items, the final adjusted unit price will always consist of a number including six decimal places, rounded. For overseas contract line items, the final adjusted unit price will always consist of a number including two decimal places, rounded.

(3) Failure to deliver: Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment unless the Contractor’s failure to deliver according to the delivery schedule http://www.platts.com/ results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions – Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustments: The Contractor agrees that the total increase in any contract unit price shall not exceed 575 percent (%) of the award price, except as provided hereafter:

(i) If, at any time, the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the

Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the

Contracting Officer shall so promptly notify the Contractor in writing.

(5) Revision of reference price: In the event--

(i) Any applicable reference price (market price indicator) is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on or just prior to the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. Failure to agree on an appropriate substitute shall be considered a “dispute” within the meaning of paragraph (d), Disputes, of the Contract Terms And Conditions -- Commercial Items clause of the contract.

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the

Contractor's books, records, documents, and other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(e) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(f) Table: The following publication(s)/date(s) apply: SEE ATTACHMENT B

FAR 52.216-9075: ECONOMIC PRICE ADJUSTMENT – MARKET PRICE INDICATORS - SHIPS BUNKERS (NOV 2011)

(a) Warranties. The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) Definitions. As used throughout this clause, the term-

(1) Award price means the original contract price.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the award price is to fluctuate.

(i) Base reference price means the market price indicator shown in the Table in (f) below and is the reference price from which economic price adjustments are calculated pursuant to this clause. This price will be expressed as base reference price in any price adjustment notification issued through contract modifications and/or postings to the DLA Energy web page under the heading vendor resources and then product price adjustments. The base reference date annotated in the table shall remain unchanged throughout the life of the contract.

(ii) Adjusting reference price means the market price indicator in effect in the calendar week of the date of delivery, used to determine the change in reference price. In the event one or more applicable reference prices are not (or were not) published, then the term adjusting reference price means the market price indicator for an item as published on the date nearest in time on or prior to the effective calendar date as expressed in (4) below. It is annotated as new reference price in any price adjustment notification (PA) modification issued.

(3) Current unit price means the most current price in effect for the week that the price adjustment provisions discussed in paragraph (c) below begin. This price, expressed as latest unit price in any price adjustment notification issued through contract modifications and/or postings to the

DLA Energy web page under the heading vendor resources and then product price adjustments shall be the unit price charged to the

Government for supplies delivered under the contract.

(4) Date of delivery means the date and time product is received by the requesting activity/vessel. This is shown by signature of receipt by the

Government representative for the entire delivery. A single delivery that began on one date and ended on another date shall be considered as received on the date of completion annotated by the Government on the bunker delivery document. Excusable delays in delivery shall be handled on a case-by-case basis by the Contracting Officer

(5) Calendar week means a consecutive seven-day period, beginning with Monday, unless otherwise specified in (c)(1) below.

(6) Published means issued in either print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail, unless otherwise specified in (c)(1) below.

(c) Adjustments. The prices payable under this contract shall be the award price increased or decreased by the amount that the reference price shall have increased or decreased through the date of delivery. The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(1) Day of publication.

(i) Platt's bunkerwire and bunkerfuels report. For items employing Platt's Bunkerwire and Bunker Fuels Report, the adjusting reference price in effect on the date of delivery shall be that item's reference price effective (and normally published) on the Tuesday of the calendar week in which the delivery is made, or, in the event there is no publication on Tuesday of that week, it shall be the item's reference price as last previously published prior to that Tuesday.

(ii) Platt’s Oilgram price report. For items employing Platt's Oilgram Price Report, spot price assessment, the adjusting reference price in effect on the date of delivery shall be that item's reference price in effect for the Monday of the calendar week in which the delivery is made, or, in the event there is no price for that Monday, it shall be the item's reference price in effect for the date nearest in time prior to that Monday. For items employing Platt’s Oilgram Price Report, 5 day rolling average, the reference price in effect on the date of delivery shall be the average of that item’s reference price effective for 5 consecutive days ending Friday prior to the calendar week in which the delivery is made. In the event there is no price for any one or more of those 5 days, the reference price shall be calculated by averaging the last 5 days for which prices were in effect on or prior to that Friday.

(iii) AXXIS. For items employing AXXIS, the adjusting reference price shall be that item’s reference price in effect for the Thursday of the calendar week prior to the date that delivery is made. In the event there is no price for that Thursday, it shall be the item’s reference price in effect for the date nearest in time prior to that Thursday.

(iv) Oil price information service (OPIS). For items employing OPIS, the adjusting reference price in effect on the date of delivery shall be that item’s reference price published, in print, on the Monday of the calendar week in which delivery is made. In the event there is no publication in that week, it shall be the item’s reference price as last previously published in the print edition.

Note: Generally, the Monday print edition of OPIS contains the prices in effect for the prior Thursday. However, the Monday print edition of

OPIS may contain prices for a date other than the prior Thursday. In any event, the prices appearing in the Monday print edition shall have control.

(v) When a combination of two different publications is utilized, the applicable reference dates will be stated in paragraph (f) below, unless paragraph (f) references an attachment, in which case the reference dates will be provided in that attachment .

(vi) Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (http://www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected.

DLA Energy will correct any other reference prices, as notice of the correct is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or Contractor can show that the price referenced should be reviewed.

(2) Calculations.

(i) If averages are published within a given publication, then these averages will be used.

(ii) For prices in U.S. gallons, if averages are not available within a given publication, DLA Energy calculated averages, carried to six decimal places, rounded, will be used based on the low and high prices. For prices in metric tons, if averages are not available within a given publication, DLA Energy calculated averages, carried to two decimal places, rounded, will be used. For domestic contract line items, DLA

Energy conversions from metric tons to gallons shall be calculated based on the conversion factors Instruction for the applicable publication reference product. Barrels shall be converted using the DLA Energy conversion factors Instruction line for barrels to gallons. The above shall apply unless cited differently in the Table in (f) below.

(iii) For domestic contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including six decimal places, rounded. For overseas contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including two decimal places, rounded.

(iv) For domestic contract line items, the final adjusted unit price will always consist of a number including six decimal places, rounded. For overseas contract line items, the final adjusted unit price will always consist of a number including two decimal places, rounded.

(3) Failure to deliver. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions – Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustments. The Contractor agrees that the total increase in any contract unit price shall not exceed 575 percent of the award price, except as provided hereafter:

(i) If, at any time, the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected…